Employment and Labor Counsel

Posting number: 26-20229

Department: MBTA - Law

Division: 721-Legal

Job classification: Employment and Labor Counsel

Posting type: Open/External and Promotional/Internal

Categories: Legal, Attorney

Summary

Employment and Labor Counsel will provide day-to-day legal counsel, representation, and support to the Massachusetts Department of Transportation (MassDOT) and the MBTA in employment litigation and employment and labor law to managers and department heads at all levels of authority.

Examples of duties

• Provide legal advice and counsel in the areas of employment and labor law, which will have a significant impact on MassDOT and the MBTA.
• Provide legal counsel and advice on complex litigation matters. 
• Respond to complex Massachusetts Commission Against Discrimination (MCAD) and Equal Employment Opportunity (EEO) claims against both MassDOT and the MBTA and respond to complex federal and state employment and labor-related claims within the Department of Labor (DOL), Department of Labor Relations (DLR) and other federal and state agencies.
• Represent MassDOT and the MBTA in complex litigation in before state and federal courts and administrative agencies, which will have a significant impact on MassDOT and the MBTA.
• Represent MassDOT in labor arbitrations.
• Communicate with representatives of other agencies and collaborate with cross-agency teams and stakeholders to share information, resolve issues, and develop or implement new programs.
• Draft new policies and regulations or amendments to existing policies and regulations based on legal research and agency needs to improve and streamline agency practices, support operational efficiencies, and ensure agency compliance with laws, which will have a significant impact on MassDOT and the MBTA. 
• Support, prepare and handle discovery and depositions in complex agency and court matters.
• Handle negotiations, mediations, and alternative dispute resolution of employment-related matters.
• Prepare reports on case status, exposure, and dispositions, which may include sensitive and confidential personnel information.
• Accountable for maintaining data in case management system on a timely and complete basis.
• Work in close collaboration with the MassDOT and MBTA labor relations to ensure consistent, uniform, and effective discipline administration across all departments.
• Provide legal advice and counsel to MassDOT and MBTA labor relations on collective bargaining related matters. Participate in the development of contract proposals and provide guidance as necessary in collective bargaining negotiations, including, with respect to MassDOT, advice and counsel regarding labor law matters arising under Chapter 150E.
• Provide counsel to MassDOT and MBTA employment and labor professionals in a confidential capacity.
• Maintain awareness of legal developments and changes in employment and labor law.
• Review, analyze and update employment-related policies and procedures.
• Respond to notices, subpoenas, summons, unfair labor practice charges, demand letters, and other correspondence that require legal action in the employment and human resources arena.
• Ensure compliance with applicable laws, regulations, and policies.
• Adhere to the rules, regulations, collective bargaining agreements (if applicable) and policies of the Authority including the EEO, Anti-Discrimination and Anti-Harassment and Anti-Retaliation policies.
• Assist outside counsel providing support on labor and employment matters.
• Perform all other duties and projects that may be assigned.

Additional responsibilities may include a focus on one or more departments or locations.   See applicable addendum for department or location-specific functions. 

Supervision

• No direct reports. 

Qualifications

• A Juris Doctorate from an accredited institution.
• Membership in good standing with the Massachusetts Bar, including annual registration and certification by the Board of Overseers.
• Two (2) years of experience practicing employment and labor law, preferably in the public sector, including both advising clients on employment or labor law matters and representing parties in employment litigation or administrative agency proceedings, such as matters before the MCAD, the EEOC, the DLR, or comparable state or federal agencies, or in Massachusetts state or federal courts. 
• Ability to oversee the work of law firms functioning as outside counsel.
• Ability to manage and prioritize a high-volume workload.
• Effective organizational, analytical and confidentiality skills.
• Ability to use Word, Excel, PowerPoint, Teams, Adobe Pro, or other database applications.
• Excellent customer service, presentation, negotiation, and conflict resolution skills.
• Ability to work with a diverse workforce.
• Ability to appropriately handle confidential and sensitive information with discretion.

Substitutions

• None

Supplemental information

• Four (4) years of relevant legal experience, law firm experience, and experience representing large public agencies or other organizations focusing on employment and labor law.
• Six (6) years or more of relevant legal experience, law firm experience, and experience representing large public agencies or other organizations.
• Experience representing public agencies or large organizations, including compliance work and advising management on employment and labor issues.
• Experience handling labor arbitrations and proceedings before the DLR, including preparation of arbitration briefs and participation in hearings.
• Experience advising on collective bargaining matters, including contract interpretation.